Lomita Municipal Code Art. 1 General Provisions

This chapter may be cited as the "Division of Land Ordinance."

(Ord. No. 208, § 2, 9-15-75)

This chapter is intended to promote the conservation, stabilization and protection of property values through orderly growth and development, the provision of necessary public and private facilities, and generally, the public health, safety and general welfare within the incorporated territory.

(Ord. No. 208, § 2, 9-15-75)

The provisions of this chapter derive their authority from Division 2, Title 7 of the Government Code of California, cited as the Subdivision Map Act, and from Article XI, Section 11 of the Constitution of the State of California.

(Ord. No. 208, § 2, 9-15-75)

Whenever reference is made to an ordinance of this city or to a statute of the State of California, such reference applies to the requirements of the ordinance or statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such ordinances or statutes.

(Ord. No. 208, § 2, 9-15-75)

A person shall not sell, lease, finance or transfer title to a portion of a division of land, or offer to do so, or contract to do so, until a final map thereof, in full compliance with the provisions of this chapter and of the Subdivision Map Act, has been filed in the office of the recorder of this county, except that a person, at his sole option, may elect to file a parcel map to satisfy the provisions of this section when at least one of the following applies:

(a) The division or redivision of land contains an area of less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required;

(b) All of the land shown on the parcel map is zoned for industrial or commercial development;

(c) The division results in the creation of four (4) or less parcels.

(Ord. No. 208, § 2, 9-15-75)

The filing of a final map or parcel map on which appears the words "Division of Land for Lease Only" authorizes the leasing of any lot shown on such map. A person shall not sell, finance or transfer title to any lot shown on such maps, or offer to do so, or contract to do so, unless the transaction would be in full compliance with the provisions of this chapter and the Subdivision Map Act had such final map or parcel map not been filed.

(Ord. No. 208, § 2, 9-15-75)

The provisions of this chapter do not apply to any portion of a division of land offered for sale, lease, financing or transfer of title, contracted for sale, lease, financing or transfer of title, or sold, leased, financed or transferred in full compliance with or exempt from any law regulating the design and improvement of divisions of land which was in effect at the time the division was established.

(Ord. No. 208, § 2, 9-15-75)

No building shall be constructed, nor shall a permit for the construction of a building be issued, nor shall a portion of any parcel be used when not conforming to the provisions of this chapter.

(Ord. No. 208, § 2, 9-15-75)

Violation of this chapter which is not also prohibited by the Subdivision Map Act or by any other state statute, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the city jail or the county jail for not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 559, § 2, 2-5-96)

Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien or lease made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease or sale or contract agreeing thereto, but such deed of conveyance, sale, mortgage, deed of trust, lien, lease or contract is binding upon any assignee, or transferee of the grantor, vendor, mortgagor, trustor, landlord or person so contacting, his assignee, heir or devisee.

(Ord. No. 208, § 2, 9-15-75)

The provisions of this chapter are not intended to prohibit any legal, equitable or summary remedy to which the city or other political subdivision, or any person may otherwise be entitled, and the city or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this chapter.

(Ord. No. 208, § 2, 9-15-75)

Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this chapter.

(Ord. No. 208, § 2, 9-15-75)

There is hereby created a division of land committee consisting of the following officers or their duly authorized representatives:

(a) The director of planning;

(b) The city engineer;

(c) The fire chief;

(d) The superintendent of streets;

(e) The health officer of the city;

(f) The chief engineer of the Los Angeles County Flood Control District;

(g) The director of parks and recreation of the City of Lomita;

(h) Such other city officers or representatives of other agencies which in the opinion of the director of planning have an interest in a proposed division of land.

The director of planning shall be the chairman of the division of land committee.

(Ord. No. 208, § 2, 9-15-75)

The city planning commission is designated as the "advisory agency" as that term is used in the Subdivision Map Act, and shall have all of the powers and duties granted or imposed by said Subdivision Map Act except as assigned to the city council by this Division of Land Ordinance.

(Ord. No. 208, § 2, 9-15-75)

The city manager or his authorized representative is designated as the director of planning for the purposes of this division of land ordinance.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 699, § 1, 4-2-07)

The city council of the City of Lomita.

(Ord. No. 208, § 2, 9-15-75)

A certificate recorded with the recorder of the County of Los Angeles stating that a determination has been made that such property complies with the provisions of the Subdivision Map Act and this Division of Land Ordinance.

(Ord. No. 208, § 2, 9-15-75)

A waiver from the requirement of recording of a final parcel map, granted by the city council under the provisions of this Division of Land Ordinance.

(Ord. No. 208, § 2, 9-15-75)